The bill introduces new provisions under 15A V.S.A. 1-114 to establish a framework for confirmatory adoption for children conceived through assisted reproduction. It defines essential terms such as "assisted reproduction," "donor," and "petitioners," and outlines the petition process for non-birthing parents to confirm their parentage. A complete petition must include a signed adoption petition, a marriage certificate if applicable, a declaration regarding the child's birth circumstances, and a certified copy of the child's birth certificate. The bill mandates that courts promptly grant the adoption if the petition meets the specified criteria and allows for the waiver of certain requirements, such as in-person hearings or criminal record checks.
Additionally, the bill amends existing guardianship laws to incorporate provisions for standby guardianship in situations where a custodial parent is unavailable due to adverse immigration actions. It defines "standby guardianship" and "adverse immigration action," and outlines the petition requirements, including signed consent from the custodial parent. The amendments clarify the notification process for guardianship proceedings, ensuring custodial parents' rights are respected. Key provisions include a rebuttable presumption that guardianship is in the child's best interests when a custodial parent is unavailable due to immigration issues, and the court's obligation to grant a guardianship petition under certain conditions. The bill also details the powers and duties of guardians, including annual status reports on the child's well-being, and allows for remote participation in hearings for custodial parents, with some provisions set to take effect on July 1, 2025.
Statutes affected: As Passed by Both House and Senate -- Official: 14-2622, 14-2623, 14-2625, 14-2628, 14-2629, 14-2632
As Passed by Both House and Senate -- Unofficial: 14-2622, 14-2623, 14-2625, 14-2628, 14-2629, 14-2632
As Enacted: 14-2622, 14-2623, 14-2625, 14-2628, 14-2629, 14-2632